Alabama Man Convicted of Raping 14-Year-Old Continues to Avoid Prison Time
An Alabama man who was punished with only probation for three rape convictions in a case involving an underage girl does not have to serve prison time, a state criminal appeals court ruled Friday.
In September, a local jury found Austin Smith Clem, 25, guilty of raping his teenage neighbor three times—twice when she was 14, and once when she was 18.
Clem was convicted on one count of first-degree rape and two counts of second-degree rape. In November, a judge sentenced Clem to a mere three years of probation, touching off a national outcry and prompting Limestone County District Attorney Brian Jones to make a series of legal moves to ensure that Clem would be incarcerated. Friday's order is a response to Jones' second request that the court find that Clem's sentence was illegally lenient.
Under the appeals court's Friday decision, Clem will serve the punishment he was handed by a county judge when he was resentenced December 23—five years of probation, and prison time of up to 35 years if he violates the terms of his probation.
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http://www.motherjones.com/mojo/2014/02/alabama-man-convicted-raping-teenager-prison-time
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